The High Court has cleared the path for Prime Minister Scott Morrison to call a federal election.
The court on Friday dismissed a legal challenge toa dozen “captain’s pick” preselections in Mr Morrison’s home state of NSW.
It closes a long-running political headache for the Prime Minister following months of bitter Liberal Party infighting.
Chief Justice Susan Kiefel along with Justice Stephen Gageler refused former Liberal Party member Matthew Camenzuli’s application for special leave to appeal to the High Court.
The case was dismissed in the NSW Court of Appeal earlier this week – with the High Court Mr Camenzuli’s final option.
In refusing the application, Chief Justice Kiefel said there were “insufficient prospects of success”.
In a second major blow to Mr Camenzuli, she said he would have to pay the Liberal Party’s legal costs.
The 43-year-old businessman was expelled from the Liberal Party on Wednesday.
There had been two issues to consider in the application to appeal – the first whether the federal constitution of the Liberal Party allowed the Prime Minister to take control of the NSW division.
The second was a question over whether changes to the Electoral Act meant that the court had authority to rule on internal party matters.
The NSW Court of Appeal on Tuesday found that it did not have jurisdiction, but even if it did, Mr Morrison’s choices were still valid.
Earlier on Friday NSW Dominic Perrottet, who was part of the committee with Mr Morrison that installed the 12 candidates, called the situation a debacle.
“It's really not a matter of concern for me,” Mr Perrottet said of the election timing.
“I playxjmtzywed a role (in selecting the candidates), I was asked, and I'm happy to assist after the debacle of the NSW division in not selecting candidates.
“And it's great to see now that we have candidates in seats because if you want to vote Liberal in the next election, you actually need someone to vote for.
“So that was a good start for the division to actually now get candidates in those seats.
“But ultimately the election is happening imminently, will be called imminently, and the Prime Minister needs candidates in the field, and I wish him all the best.”
Mr Camenzuli had argued the party’s federal arm had no right to take control of the NSW wing to preselect candidates, including sitting members Alex Hawke, Trent Zimmerman, and Sussan Ley.
His lawyers argued the party's rank and file had the right to choose the candidates to represent them at the next election.
But the Prime Minister‘s lawyers argued the party’s emergency powers were broad and the preselections were legitimate.
